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How To Obtain Your Medical Records After An Accident

One of the most important ways to prove your accident injury claims is with copies of your medical records. Your medical records can prove that your injury was caused by the accident, the extent of your injuries, and the overall costs of medical treatment. Obtaining these records can be difficult if you don’t know where to begin. So here are some tips on how to get your medical records.

Know Your Rights To Medical Records

You have the legal right to obtain any of your medical records. This right is protected by the federal Health Information Portability and Accountability Act (HIPAA). You are also allowed the right to obtain medical records for another person if you are a legally designated representative or their legal guardian. So if you are acting on behalf of an injured loved one or child, you can obtain their medical records. You can also get the records of a deceased family member in the case of wrongful death.

What Records Can You Obtain?

Under HIPAA, patients are allowed to access copies of all of their medical records. There are some records that health providers can withhold including:

  • Psychotherapy notes
  • Records for lawsuit compliance
  • Medical records that could reasonably endanger your life

If your healthcare provider denies your access to medical records you do have legal recourse under HIPAA to appeal their denial.

How To Request Your Medical Records

There are a couple of ways you can request a copy of your medical records. The first is to contact the provider and ask for a copy. Your provider may refer you to a third party records keeping agency. When making the request be sure to include your full name, contact information, date of birth, social security number, and if you know it, your medical record number. Next you will need to specify which medical records you want. If you do not specify which records, your provider may send you your entire medical history which can lead to shuffling through unnecessary paperwork when dealing with your claim. So make sure that you only request the medical records that will be relevant to proving your claims. Finally, your medical provider will ask you to fill out a release form and let them know if you want the original records or copies. You may also be required to pay a fee for your records. Typically, you will receive your records within 30 days of the request. If they do not provide your records within 30 days they are not in compliance with HIPAA.

What Happens If They Refuse To Send Your Medical Records

If you provider refuses to send your records, does not send your records within the legal timeframe, or sends incomplete records, you have some legal recourse. You will need to file a complaint with the Office of Civil Rights at the Department of Human and Health Services on their website. You will also need to file a complaint with the Florida State Medical Board here. Finally, you will need to talk to your attorney to help you file an appeal to get your records.

Obtaining your medical records should be pretty straightforward. You have a right to obtain copies of your medical records and though you may run into some bureaucratic issues, you should be able to easily obtain them. However, if you healthcare provider has not provided your medical records, you need to talk to , Goldman, Babboni, and Walsh. To prove your injury claim you will need these records, and we can help you get them if your healthcare provider is giving you the runaround. So call us today for a free consultation to see how we can get the medical records you need to prove your claims.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

How To Obtain Your Medical Records After An Accident

Goldman Babboni Fernandez
Murphy & Walsh

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